Can a defendant who is no longer in prison bring a claim of ineffective assistance of counsel?

Although Penal Code section 1473.7 now provides a vehicle for a defendant who is no longer incarcerated to raise a claim of ineffective assistance of counsel, that statute was not effective when defendant brought his motion. The trial court could not apply a then-nonexistent statute. As our high court explained: "It has been uniformly held in this state that a statute has no force whatever until it goes into effect pursuant to the law relating to legislative enactments. It speaks from the date it takes effect and not before. Until that time it is not a law and has no force for any purpose." (People v. Righthouse (1937) 10 Cal.2d 86, 88.) In short, appellant demonstrates no error in the trial court's denial of his petition for writ of coram nobis.²

The order denying appellant's petition for writ of coram nobis is affirmed.